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Dictionary of Law |
last clear chance :: legal definitionLast clear chance - n. a rule of law in determining responsibility for damages caused by negligence, which provides that if the plaintiff (the party suing for damages) is negligent, that will not matter if the defendant (the party being sued for damages caused by his/her negligence) could have still avoided the accident by reasonable care in the final moments (no matter how slight) before the accident. The theory is that although the plaintiff may have been negligent, his/her negligence no longer was the cause of the accident because the defendant could have prevented the accident. Most commonly applied to auto accidents, a typical case of last clear chance would be when one driver drifts over the center line, and this action was noted by an oncoming driver who proceeds without taking simple evasive action, crashes into the first driver and is thus liable for the injuries to the first driver who was over the line. In the few states which apply the strict "contributory negligence" rule which keeps a negligent plaintiff from recovering damages from a negligent defendant, "last clear chance" can save the careless plaintiff's lawsuit. See also: comparative negligence contributory negligence negligence and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship count :: n. each separate statement in a complaint which st ... also: cause of action common counts counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches evidence :: n. every type of proof legally presented at trial ... material object objection relevant ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis process :: n. in law, the legal means by which a person is re ... service of process subpena summons proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property damage :: n. injury to real or personal property through ano ... l value. See also: damages property proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues summons :: n. a document issued by the court at the time a la ... use service service of process writ superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Llabor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard. law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." |